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Madras High CourtWP/11191/2015dismissed

Dhanapakkiam v. The Collector

2022-10-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.10.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.11191 of 2015 1.Dhanapakkiam 2.Radha 3.Karunaiyammal 4.Dhanalakshmi 5.Kannammal 6.Rathina 7.Palaniyammal 8.Selvakumari 9.Valliammal 10.Rathinammal 11.Kamalaveni ... Petitioners Vs.

1.The Collector Tiruppur District Tiruppur 2.The Revenue Divisional Officer Dharapuram 3.The Commissioner Kundadam Panchayat Union Kundadam Tiruppur District ... Respondents Page No.1 of 4

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to notification in Na.Ka.No.48762/2006 (Tha-2) dated 23.07.2008 which was published in the Erode District Gazette dated 28.08.2008 on the file of the 1st respondent and quash the same so far as the petitioners are concerned and direct the respondents to provide basic facilities like electricity, water, drainage, road, street light to the petitioners.

For Petitioners : Mr.S.Doraisamy For Respondents : Mr.D.Gopal Government Advocate for R1 to R3

O R D E R

The Writ Petition has been filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to notification in Na.Ka.No.48762/2006 (Tha-2) dated 23.07.2008 which was published in the Erode District Gazette dated 28.08.2008 on the file of the 1st respondent and quash the same so far as the petitioners are concerned and direct the respondents to provide basic facilities like electricity, water, drainage, road, street light to the petitioners.

Page No.2 of 4

2.It is the contention of the learned counsel for the petitioners that they were allotted house sites and thereafter they were living in the property. However, notification was issued by the 1st respondent in Na.Ka.No.48762/2006 (Tha-2) dated 23.07.2008 which was published in the Erode District Gazette dated 28.08.2008 to cancel the patta allotted to the petitioners. Hence the petition.

3.Counter affidavit has been filed by the respondents to that effect. The learned counsel for the respondents submitted that the impugned notification issued in Na.Ka.No.48762/2006 (Tha-2) dated 23.07.2008 and published in the Erode District Gazette dated 28.08.2008 has already been dropped by the Collector without taking any action. This Court has also passed an order in this regard in W.P.No.8933 of 2009 dated 03.11.2022 and set aside the Erode District Collector's order initiating steps to cancel the patta.

4.As the very Notification issued in Na.Ka.No.48762/2006 (Tha2) dated 23.07.2008 and published in the Erode District Gazette dated 28.08.2008 by the 1st respondent has already been quashed by this Court Page No.3 of 4

N.SATHISH KUMAR, J.

kas in W.P.No.8933 of 2009 dated 03.11.2022, nothing survives in this writ petition again to quash the same.

5.This Writ Petition stands dismissed accordingly as infructuous. No costs.

27.10.2022 kas Index : Yes / No Internet : Yes / No Speaking / Non speaking order To 1.The Collector Tiruppur District Tiruppur 2.The Revenue Divisional Officer Dharapuram 3.The Commissioner Kundadam Panchayat Union Kundadam Tiruppur District Page No.4 of 4